Tyson v. Tyson
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. On the 5th of June, 1871, the appellants filed their petition and caveat in the Orphans’ Court of Baltimore city, alleging that the codicils of the 12th of April, I860*, and the 15th of January, 1861, to the will of Isaac Tyson, Jr., dated the 7th of January, 1860, were procured by fraud and undue influence practiced by the appellees upon the testator, when his mental powers were enfeebled from age and ill-health.
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Appeal from the Superior Court of Baltimore City. On the 5th of June, 1871, the appellants filed their petition and caveat in the Orphans’ Court of Baltimore city, alleging that the codicils of the 12th of April, I860*, and the 15th of January, 1861, to the will of Isaac Tyson, Jr., dated the 7th of January, 1860, were procured by fraud and undue influence practiced by the appellees upon the testator, when his mental powers were enfeebled from age and ill-health. Issues were prayed to be sent for trial to the Superior Court of Baltimore city. The appellees answered the petition, denying that…
1Dissent
Stewart, J.,
delivered the following dissenting opinion:
In addition to the reasons urged by my brother Bowie, in his dissenting opinion, in which I fully concur, there are other considerations, which weigh with me, looking to the relative duties of the Court and jury ; and the right of litigants, under our system of jurisprudence, to claim as matter of strict law the benefit of a trial by jury.
Suggestions as to the feelings and prejudices of juries, and the supposed greater freedom from such influences on the part of the Court, have no application to the determination of- the question. Its…
2Cases cited3 opinions
- Davis v. DavisCourt of Appeals of Maryland · 1826
- Davis v. BarneyCourt of Appeals of Maryland · 1830
- Green v. FordCourt of Appeals of Maryland · 1872